Certain agricultural and industrial products are not produced in the European Union, or not in sufficient quantity. To ensure sufficient and uninterrupted supplies and to prevent market disturbance for these products, Council Regulation (EU) No 1387/2013 partially or totally suspended some autonomous Common Customs Tariff duties.

The Regulation is updated every six months to accommodate the needs of EU industry. The Commission, assisted by the Economic Tariff Questions Group (ETQG), reviews all Member State requests for autonomous Common Customs Tariff duties to be suspended temporarily.

Following this review, the Commission considers that a suspension of duties is justified for some new products currently not listed in the Annex to the Regulation. The conditions governing the description, classification or end-use requirement of some other products should be changed. Products for which a tariff suspension is no longer in the EU’s economic interest should be withdrawn.

•Consistency with existing policy provisions in the policy area

This proposal does not affect countries that have a preferential trading agreement with the EU, candidate countries or potential candidates for preferential agreements with the EU (e.g. the Generalised System of Preferences, the African, Caribbean and Pacific group trading arrangements, or free-trade agreements).

•Consistency with other Union policies

The proposal is in line with EU policies on agriculture, trade, enterprise, development and external relations.

2.LEGAL BASIS, SUBSIDIARITY AND PROPORTIONALITY

•Legal basis

The legal basis of this proposal is Article 31 of the Treaty on the Functioning of the European Union (TFEU).

•Subsidiarity (for non-exclusive competence)

The proposal falls under the EU’s exclusive competence. The subsidiarity principle therefore does not apply.

•Proportionality

The proposal complies with the principle of proportionality. The measures envisaged are in line with the principles for simplifying procedures for operators engaged in foreign trade, as stated in the Commission Communication concerning autonomous tariff suspensions and quotas. This Regulation does not go beyond what is necessary to achieve the objectives pursued in accordance with Article 5(4) of the Treaty on European Union (TEU).

•Choice of the instrument

By virtue of Article 31 of the TFEU, "Common Customs Tariff duties shall be fixed by the Council on a proposal from the Commission". Therefore, a regulation is the appropriate instrument.

A 2013 evaluation of the entire autonomous suspensions scheme concluded that the core rationale for the scheme remains valid. The cost savings for EU businesses importing goods under the scheme can be significant. In turn, depending on the product, company and sector, those savings can have wider benefits, such as boosting competitiveness, making production methods more efficient, and creating and keeping jobs in the EU.

•Stakeholder consultations

The ETQG, brings together delegates from all Member States plus Turkey, assisted the Commission to prepare this proposal. The group met three times before agreeing the changes in this proposal.

It carefully assessed each request (new, or for an amendment). It focused especially on the need to prevent any harm to EU producers, and to strengthen and consolidate the competitiveness of EU production.

All listed suspensions were the subject of agreements or compromises reached in the ETQG’s discussions. No potentially serious risks with irreversible consequences were mentioned.

•Impact assessment

The proposed amendment is technical and concerns only the coverage of suspensions listed in the Annex to Council Regulation (EU) No 1387/2013. Therefore, no impact assessment has been carried out for this proposal.

•Fundamental rights

The proposal has no impact on fundamental rights.

4.BUDGETARY IMPLICATIONS

This proposal has no financial impact on expenditure but has a financial impact on revenue. Uncollected customs duties total approximately EUR 16,4 million per year. The effect on the budget’s traditional own resources is EUR 13,1 million per year (i.e. 80 % of the total). The legislative financial statement sets out the budgetary implications of this proposal in greater detail.

The loss of revenue in traditional own resources shall be compensated by Member States’ Gross National Income (GNI) based own resource contributions.

Having regard to the Treaty on the Functioning of the European Union, and in particular Article 31 thereof,

Having regard to the proposal from the European Commission,

Whereas:

(1)The Union production of 69 agricultural and industrial products that are not listed in the Annex to Council Regulation (EU) No 1387/20131 is inadequate or non-existent. It is, therefore, in the interest of the Union to suspend completely the autonomous Common Customs Tariff ('CCT') duties on those products.

(2)It is necessary to modify the conditions for 71 suspensions of autonomous CCT duties listed in the Annex to Regulation (EU) No 1387/2013 to take account of technical product developments and economic trends on the market. Certain product classifications have been amended to allow industry to fully benefit from the suspensions in force. Moreover, the Annex to Regulation (EU) No 1387/2013 has been updated due to the need to align or clarify texts in some cases. The modified conditions relate to changes in the product description, classification or end-use requirements. The suspensions in respect to which modifications are necessary should be deleted from the list of suspensions in the Annex to Regulation (EU) No 1387/2013 and the modified suspensions should be inserted into that list.

(3)It is no longer in the interest of the Union to maintain the suspension of autonomous CCT duties for 2 products currently listed in the Annex to Regulation (EU) No 1387/2013.

(4)In the interests of clarity, the entries modified by this Regulation should be marked with an asterisk.

(5)Regulation (EU) No 1387/2013 should therefore be amended accordingly.

(6)To avoid any interruption of the application of autonomous suspensions scheme and to comply with the rules set in the Communication from the Commission concerning autonomous tariff suspensions and quotas2 the changes regarding the suspensions for the products concerned provided for in this Regulation have to apply from 1 July 2017. Therefore, this Regulation should enter into force as a matter of urgency,

HAS ADOPTED THIS REGULATION:

Article 1

The Annex to Regulation (EU) No 1387/2013 is amended as follows:

(1)the rows for the products listed in Annex I to this Regulation are inserted following the order of the CN codes indicated in the first column of the table in the Annex to Regulation (EU) No 1387/2013;

(2)the rows for the products for which the CN and TARIC codes are set out in Annex II to this Regulation are deleted from the Annex to Regulation (EU) No 1387/2013.

Article 2

This Regulation shall enter into force on the day of its publication in the Official Journal of the European Union.

It shall apply from 1 July 2017.

This Regulation shall be binding in its entirety and directly applicable in all Member States.

Done at Brussels,

For the Council

The President

LEGISLATIVE FINANCIAL STATEMENT

1. NAME OF THE PROPOSAL

Council Regulation amending Regulation (EU) No 1387/2013 suspending the autonomous Common Customs Tariff duties on certain agricultural and industrial products

2. BUDGET LINES

Chapter and Article: Chapter 12, Article 120

Amount budgeted for the year 2017: EUR 20 000 500 000 (B 2017)

3. FINANCIAL IMPACT

◻Proposal has no financial implications

X Proposal has no financial impact on expenditure but has a financial impact on revenue. The effect is as follows:

This Annex contains 69 new products. The corresponding uncollected duties, calculated on the basis of requesting Member State projections for the period 2017 to 2021, amount to EUR 9.4 million per year.

However, statistics for previous years point to the need to increase this amount by an average factor, estimated at 1.8, to take account of imports into other Member States using the same suspensions. This will result in uncollected duties of around EUR 16.9 million per year.

Two products have been withdrawn from the Annex, reflecting the reintroduction of customs duties. This will increase the duties collected by EUR 0.5 million. Both products were withdrawn from 1 January 2017; therefore, statistics are not available and the increase has been calculated using requesting Member State projections.

On the basis of the above, the impact that this Regulation will have on the EU budget in terms of the loss of revenue for is estimated at EUR 16,4 million (EUR 16,9 – 0,5 million). Multiplying this gross amount, including collection costs, by a factor of 0,8 gives a total of EUR 13,1 million per year for the period running from 1 July 2017 to 31 December 2021.

4. ANTI-FRAUD MEASURES

Checks on the end-use of some of the products covered by this Council Regulation will be carried out in accordance with Article 254 of Regulation (EU) No 952/2013 of the European Parliament and of the Council of 9 October 2013 laying down the Union Customs Code.

(3)The annual amounts should be estimated using the formula in section 5, with a footnote to that effect, e.g. ‘indicative amount based on the agreed formula’. For the first year, the annual amount is normally paid without a reduction or pro rata.

Protein, chemically or enzymatically modified by carboxylation and/or phthalic acid addition, whether or not hydrolysed, having a weight average molecular weight (Mw) of less than 350 000

0 %

-

31.12.2018

ex 3920 99 59

70

Tetrafluoroethylene film, put up in rolls, with:

for use in the manufacture of semiconductor devices

(1)

0 %

-

31.12.2021

*ex 3921 13 10

10

Sheet of polyurethane foam, of a thickness of 3 mm (± 15 %) and of a specific gravity of 0,09435 or more but not more than 0,10092

0 %

m³

31.12.2018

ex 3921 19 00

50

Porous membrane of polytetrafluorethylene (PTFE) laminated to a polyester spunbonded non-woven cloth with

0 %

-

31.12.2021

*ex 3923 10 90

10

Photomask or wafer compacts:

of a kind used in the photolithography or other semiconductor production to house photomasks or wafers

0 %

-

31.12.2021

*ex 3926 30 00

ex 8708 29 10

ex 8708 29 90

10

10

10

Plastic cover with cips for the exterior rear-view mirror of motor vehicles

0 %

p/st

31.12.2020

*ex 3926 90 97

20

Housings, housing parts, drums, setting wheels, frames, covers and other parts of acrylonitrile-butadiene-styrene of a kind used for the manufacture of remote controls

0 %

p/st

31.12.2019

ex 3926 90 97

ex 8512 90 90

77

10

Silicone decoupling ring, with an inner diameter of 15,4 mm (+0,0 mm/-0,1 mm), of a kind used in car parking aid sensor systems

0 %

p/st

31.12.2021

ex 4016 99 57

10

Air intake hose for air supply to the combustion part of the engine comprising at least:

for use in the manufacture of goods of Chapter 87

(1)

0 %

p/st

31.12.2021

ex 4016 99 57

20

Rubber bumper strip with a silicone coating of a length not more than 1 200 mm and with at least five plastic clips for use in the manufacture of goods of Chapter 87

(1)

0 %

p/st

31.12.2021

*ex 5911 90 99

ex 8421 99 90

30

92

Parts of equipment for the purification of water by reverse osmosis, consisting essentially of plastic-based membranes, supported internally by woven or non-woven textile materials which are wound round a perforated tube, and enclosed in a cylindrical plastic casing of a wall-thickness of not more than 4 mm, whether or not housed in a cylinder of a wall-thickness of 5 mm or more

Probe tips cleaning material consisting of a polymer matrix containing abrasive particles mounted on a substrate for use in the manufacture of semiconductors

(1)

0 %

-

31.12.2021

ex 7318 19 00

30

Connecting rod for the master brake cylinder with screw threads on both ends for use in the manufacture of goods of Chapter 87

(1)

0 %

p/st

31.12.2021

*ex 7410 11 00

ex 8507 90 80

ex 8545 90 90

10

60

30

Roll of laminate foil of graphite and copper, with:

for use in the manufacture of lithium-ion electric rechargeable batteries

(1)

0 %

-

31.12.2021

*ex 7607 11 90

ex 7607 11 90

47

57

Aluminium foil in rolls:

0 %

-

31.12.2021

*ex 7607 19 90

ex 8507 90 80

10

80

Sheet in the form of a roll consisting of a laminate of lithium and manganese bonded to aluminium, with:

for use in the manufacture of cathodes for lithium-ion electric rechargeable batteries

(1)

0 %

-

31.12.2021

*ex 7616 99 10

ex 8708 99 10

ex 8708 99 97

30

60

50

Aluminium engine bracket, with dimensions of:

equipped with at least two fixing holes, made of aluminium alloys ENAC-46100 or ENAC-42100 (based on the norm EN:1706) with following characteristics:

of a kind used in the production of suspensions systems for engines in motor vehicles

0 %

p/st

31.12.2019

*ex 8108 90 30

20

Bars, rods and wire of alloy of titanium and aluminium, containing by weight 1 % or more but not more than 2 % of aluminium, for use in the manufacture of silencers and exhaust pipes of subheadings 8708 92 or 8714 10 40

(1)

0 %

-

31.12.2017

*ex 8108 90 50

10

Alloy of titanium and aluminium, containing by weight 1 % or more but not more than 2 % of aluminium, in sheets or rolls, of a thickness of 0,49 mm or more but not more than 3,1 mm, of a width of 1 000 mm or more but not more than 1 254 mm, for the manufacture of goods of subheading 8714 10

Fuel hose for internal combustion piston engines with a fuel temperature sensor, with at least two inlet hoses and three outlet hoses for use in the manufacture of engines of motor vehicles

(1)

0 %

p/st

31.12.2021

ex 8481 80 59

20

Pressure regulating valve for incorporation into compressors of motor vehicle air condition units

(1)

0 %

p/st

31.12.2021

ex 8484 20 00

10

Mechanical shaft seal for incorporation into rotary compressors for use in the manufacture of motor vehicle air condition units

(1)

0 %

p/st

31.12.2021

ex 8501 10 99

56

DC Motor :

0 %

-

31.12.2021

ex 8501 10 99

58

DC Motor :

0 %

-

31.12.2021

*ex 8501 10 99

65

Electric turbocharger actuator, with:

0 %

-

31.12.2020

*ex 8504 31 80

50

Transformers for use in the manufacture of electronic drivers, control devices and LED light sources for lighting industry

(1)

0 %

-

31.12.2021

*ex 8504 40 90

25

Direct current to direct current converter

0 %

p/st

31.12.2021

ex 8504 50 95

70

Solenoid coil with:

0 %

p/st

31.12.2021

*ex 8505 11 00

65

Permanent magnets consisting of an alloy of neodymium, iron and boron, either in the shape of a rectangle, whether or not rounded, with a rectangular or a trapezoidal section having

or in the shape of curved rectangle (tile type) having

or in the shape of a disc with a diameter of not more than 90 mm, whether or not containing a hole in the centre

0 %

p/st

31.12.2018

*ex 8505 11 00

75

A quarter sleeve intended to become permanent magnet after magnetization,

of a kind used on rotors for the manufacture of fuel pumps

0 %

p/st

31.12.2019

*ex 8507 90 80

70

Cut plate of nickel-plated copper foil, with:

for use in the manufacture of lithium-ion electric rechargeable batteries

(1)

0 %

p/st

31.12.2021

ex 8518 40 80

93

Audio power amplifier with:

for use in the manufacture of motor vehicles

(1)

0 %

p/st

31.12.2021

*ex 8522 90 80

ex 8529 90 92

30

57

Metal holder, metal fixing item or internal stiffener of metal, for use in the manufacture of televisions, monitors and video players

(1)

0 %

p/st

31.12.2021

*ex 8529 90 65

ex 8529 90 92

65

53

Printed circuit board for distributing supply voltage and control signals directly to a control circuit on a TFT glass panel of a LCD module

0 %

p/st

31.12.2020

*ex 8529 90 92

59

LCD modules with:

for permanent incorporation or permanent mounting into motor vehicles of Chapter 87

(1)

0 %

p/st

31.12.2020

*ex 8529 90 92

63

LCD module

suitable for installation in motor vehicles of Chapter 87

(1)

0 %

p/st

31.12.2020

*ex 8529 90 92

67

Colour LCD display panel for LCD monitors of heading 8528:

for use in the manufacture of vehicles of Chapter 87

(1)

0 %

p/st

31.12.2020

*ex 8536 90 95

20

Semiconductor chip housing in the form of a plastic frame containing a lead frame equipped with contact pads, for voltages of not more than 1 000 V

0 %

p/st

31.12.2020

*ex 8536 90 95

92

Metallic stamped frame with connections

0 %

p/st

31.12.2018

*ex 8536 90 95

ex 8544 49 93

94

10

Elastomeric connector, of rubber or silicone, consisting of one or more conductor elements

0 %

p/st

31.12.2018

ex 8537 10 98

65

Lever for control module under the steering wheel:

of a kind used in the manufacture of motor vehicles of Chapter 87

0 %

p/st

31.12.2021

ex 8537 10 98

75

Control unit for keyless access to vehicle and vehicle starting, with electrical switching apparatus, in a plastic housing, for a voltage of 12 V, whether or not with:

for use in the manufacture of goods of Chapter 87

(1)

0 %

p/st

31.12.2021

*ex 8537 10 98

92

Touch sensitive screen panel, consisting of a conductive grid between two glass or plastic plates or sheets, fitted with electric conductors and connectors

0 %

p/st

31.12.2018

ex 8538 90 99

60

Front control panel, in the form of a plastic box, with light guides, rotary switches, pressure switches and buttons switches, or other type of switches, without any electrical component, of a kind used in the dashboard of motor vehicles of Chapter 87

0 %

p/st

31.12.2021

ex 8543 70 90

15

Laminated electrochromic film consisting of:

0 %

-

31.12.2021

*ex 8543 70 90

33

High-frequency amplifier comprising one or more integrated circuits and one or more discrete capacitor chips, whether or not with IPD (integrated passive devices) on a metal flange in a housing

0 %

-

31.12.2021

ex 8544 42 90

80

12-wire connecting cable containing two connectors

for use in the manufacture of goods of Chapter 87

(1)

0 %

p/st

31.12.2021

ex 8708 10 10

ex 8708 10 90

10

10

Plastic cover for filling the space between the fog lights and the bumper whether or not with a chrome strip for use in the manufacture of goods of Chapter 87

(1)

0 %

p/st

31.12.2021

*ex 8708 30 10

ex 8708 30 91

ex 8708 30 99

20

60

10

Motor powered brake actuation unit

for use in the manufacture of electric motor vehicles

(1)

0 %

p/st

31.12.2019

*ex 8708 30 10

ex 8708 30 91

40

30

Body of disc type brake in BIR (“Ball in Ramp”) or EPB (“Electronic Parking Brake”) or with hydraulic function only, containing functional and mounting openings and guide grooves, of a kind used in the manufacture of goods of Chapter 87

0 %

p/st

31.12.2019

*ex 8708 30 10

ex 8708 30 91

50

10

Drum type parking brake:

for use in the manufacture of motor vehicles

(1)

0 %

p/st

31.12.2021

*ex 8708 30 10

ex 8708 30 91

60

20

Non-asbestos organic brake pads with friction material mounted to the band steel back plate for use in the manufacture of goods of Chapter 87

(1)

0 %

p/st

31.12.2019

*ex 8708 30 10

ex 8708 30 91

70

40

Ductile cast iron brake caliper jaw, of a kind used in the manufacture of goods of Chapter 87

0 %

p/st

31.12.2020

*ex 8708 40 20

ex 8708 40 50

20

10

Automatic hydrodynamic gearbox

for use in the manufacture of motor vehicles of Chapter 87

(1)

0 %

p/st

31.12.2020

*ex 8708 50 20

ex 8708 50 55

10

10

Car axle side-shaft fitted with a constant velocity joint at each end, of a kind used in the manufacture of goods of CN heading 8703

0 %

p/st

31.12.2020

*ex 8708 50 20

ex 8708 50 99

20

10

Transmission shaft in carbon fibre reinforced plastics consisting of a unique piece without any joint in the middle

Rack steering gear in aluminium housing with homokinetic hinges of a kind used in the manufacture of goods of Chapter 87

0 %

p/st

31.12.2019

*ex 8708 95 10

ex 8708 95 99

40

10

Front passenger airbag composed of:

of a kind used in the manufacture of goods of Chapter 87

0 %

p/st

31.12.2020

ex 8708 99 10

ex 8708 99 97

30

15

Front radiator holder whether or not with rubber cushioning for use in the manufacture of goods of Chapter 87

(1)

0 %

p/st

31.12.2021

ex 8708 99 10

ex 8708 99 97

40

25

Support bracket of iron or steel, with mounting holes, whether or not with fixation nuts, for connecting the gearbox to the car body for use in the manufacture of goods of Chapter 87

(1)

0 %

p/st

31.12.2021

*ex 8714 91 30

ex 8714 91 30

ex 8714 91 30

25

35

72

Front forks, except rigid (non-telescopic) front forks made entirely of steel, for use in the manufacture of bicycles

(1)

0 %

-

31.12.2018

*ex 9013 80 90

20

Electronic semiconductor micro-mirror in a housing suitable for the automatic printing of conductor boards, mainly consisting of a combination of:

of a kind used for incorporation into products of Chapters 84 to 90 and 95

0 %

p/st

31.12.2019

(1)

Suspension of duties is subject to end-use customs supervision in accordance with Article 254 of Regulation (EU) No 952/2013 of the European Parliament and of the Council of 9 October 2013 laying down the Union Customs Code (OJ L 269, 10.10.2013, p. 1)

(2)

CUS (Customs Union and Statistics Number) is assigned to each ECICS record (product). ECICS (European Customs Inventory of Chemical Substances) is an information tool managed by the European Commission, General Directorate for Taxation and Customs Union. More information can be found via the following link: http://ec.europa.eu/taxation_customs/common/databases/ecics/index_en.htm

*

Suspension relating to a product in the Annex to Regulation (EU) No 1387/2013 for which the CN or TARIC code or the product description is modified by this Regulation.